Introduction

Most simply, a contract is a promise that is enforceable by law. Because it is enforceable, there have arisen in Great Britain, continental Europe, the United States, and numerous other areas complex bodies of contract law to clarify the nature of contracts and the problems associated with their enforcement. A contract is said to exist when an offer is made and then accepted. All contracts must be entered into both willingly and freely, and an offer generally cannot be rejected once it has been accepted.

During the years when a few studios—such as Metro-Goldwyn-Mayer, Paramount, and Warner Brothers—dominated the motion picture industry, they kept many actors and actresses “under contract.” This meant that these performers could make movies only for their respective studios unless they were expressly freed from this obligation and allowed to work for someone else. Today the whole entertainment industry operates on the basis of short-term contracts. Entertainers perform a service as described in a contract, and they are paid for that service by those with whom the agreement was made. The professional sports industry—baseball, football, basketball, hockey, and others—also operates under a system of contracts in which a service is performed by one individual—a quarterback, for instance—and he is paid by the team owners.

Kinds of Contracts

Most contracts involve business dealings. In fact, the modern use of contracts originated during the late Middle Ages among merchants. One of the most common types of contract is a loan agreement. When people borrow money, they sign a contract to repay it with interest over a specific number of months or years. Usually the borrower puts up some kind of collateral to secure the loan: a pledge to repay the loan or lose the collateral. The collateral is something of equal or greater value than the amount borrowed. If the loan is for a new automobile, for example, the seller may take back the automobile if the loan is not repaid on time. When a home is purchased, it itself becomes the collateral for the long-term loan, or mortgage. Loans in amounts equal to the full value of the collateral are rare.

Sales contracts are also common. The person who buys a car, in addition to signing a loan agreement, which is a contract, obtains from the seller a warranty, which is also a contract. The warranty guarantees that if there is a mechanical failure resulting from faulty manufacture, the seller will repair the car at no cost to the buyer. Warranties have time limits written into them.

Sellers of major appliances such as refrigerators, air conditioners, and television sets often offer extended warranties. This is a renewable contract for which the buyer pays a fee each year. In return, if the appliance breaks down, the seller will repair it at no additional cost. Some of these contracts may be renewed indefinitely. Another common kind of contract is the agreement negotiated between labor unions and corporations. These contracts contain all the points at issue between a union and an employer: wages, benefits, cost-of-living adjustments, overtime rules, seniority policy, working conditions, and more. Labor contracts normally extend over short lengths of time such as one, two, or three years. After they expire, they must be renegotiated in the process called collective bargaining. (See alsolabor and industrial law; labor movements.)

Perhaps the most common of all contracts is the institution of marriage. Although all the obligations that are involved are not specifically set out in the wedding ceremony itself, they are part of the law of every nation. Hence, when a marriage is dissolved, the divorce is essentially the canceling of a contract (seefamily law).

Standards

Theoretically each person who is named in a contract is considered equal, and each is believed to have a full understanding of the obligations undertaken. In fact, however, the two parties to a contract are quite often unequal in their understanding of what is involved and in their abilities to fulfill their obligations. Many people have signed sales contracts that they later regret, or they find that they are unable to pay what they owe.

Much of the law of contracts is, therefore, concerned with ensuring that contracts are understood by and truly agreeable to those entering into them. Provisions that aid in this goal include rules that void contracts made under pressure or that prove to be extraordinary bargains for one party. In many places there are laws that allow a “cooling off” period after the signing of a contract to allow the parties to decide whether or not they want to change their minds. This applies specifically to sales contracts. Minors and incompetents are also protected from the fulfillment of contracts, and in many places they are not permitted to enter into them.

Some types of written agreements are illegal. In the United States, for example, a contract between two or more corporations that is intended to fix prices or to restrain trade is against the law. Other contracts, such as an agreement to commit a civil wrong, are held by the courts to be contrary to the public interest.

Under law, contract rights are a type of property. As such they may be sold or otherwise transferred from one person or institution to another. A sales contract, for instance, may be turned over to a bank or loan company by the seller. The buyer then makes payments, including interest, to the financial institution instead of to the seller. Contracts for service are also transferable unless there are provisions that prevent their being assigned to another.

In some places a person for whose benefit a contract is made has rights under it though not a party to it. If, for example, a man promises a woman that he will make provision for her children in his will if she marries him—but he does not do so and dies—the children may recover funds from his estate as legal beneficiaries.

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